5 Laws That Will Help The Injury Lawsuit Industry
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You may be eligible for compensation if you have suffered injuries due to the actions or inactions of someone else. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to force another person or entity to pay you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are the parties accountable. Personal injury cases can also include wrongful death claims when someone dies due to the negligence or wrongful actions of others.
Damages are typically classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are rare, are meant to punish the offender when they have committed a number of extreme crimes.
This category includes all expenses incurred as a result of the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. In some instances other expenses such as the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities may also be included in an insurance claim.
Non-economic damages are commonly described as "pain and suffering" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer can help you value these damages based on the severity of your injury. This may be based on your ability to do activities you used to or your loss in consortium with family.
Statute of limitations
A legal principle known as the statute of limitations obliges anyone injured in an accident file an action before a specific date or the claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period.
The exact duration of time differs from state to state but personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the limit for filing an injury claim. If you need help determining if your case is one of these exceptions, it is best to seek legal advice.
The statute of limitations only applies to lawsuits filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises which cannot be resolved through insurance.
Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case by case basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages.
The complaint is the first document that is filed in a personal injury case. It provides detailed details about the incident that caused your injuries, as well as the damages you are seeking. The complaint also contains an "prayer for relief" that describes what you want the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant has to respond to the complaint within a specified timeframe, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we collect can also assist us to negotiate with defendants' attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation.
It can be a lengthy process, but the trial is where you'll be able to decide if you'll be awarded the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time where your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual from the court staff, typically conducts preliminary conferences. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a party is not able to attend in person, the convenor is able to permit them to attend via phone or via the internet. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories namely expedited standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written demand for discovery and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims being made as well as the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. In general, the court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical negligence case.
The court will also not permit a new theory to be added at any stage in the litigation that is unreasonably late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the delay in the amendment.
Physical Examination
If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you or your medical history and the particulars of your accident is being asked to conduct an exam. But, this type of exam is actually a requirement under Washington law, and can be helpful to your case.
IMEs are typically performed by doctors who are employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. These physicians, who are sometimes called "independent", have their own agendas and financial stakes in reducing the compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could utilize this information in court.